[Ws2-jurisdiction] Updated "Applicable Law and Choice of Venue Provisions" Recommendation

[Greg Shatan]

Jorge,

These changes were made in my role as rapporteur.  A key aspect of the
rapporteur role is helping the group find outcomes the group broadly
supports.  Part of this is avoiding a push to define "common ground"
prematurely.  In my view as rapporteur, the group is not yet at the point
where a "common ground" can be declared, and other options eliminated.  You
will see that today's agenda includes a discussion of the various options.

I am as eager as you are to find common ground, and I thank you for
offering your assistance in identifying what you believe to be common
ground.  However, I believe that it's premature to identify a result at
this time.  Thus, I edited the text to keep our options open.  (I don't
believe it's accurate to say I "reverted" the text, since all your
suggestions are still in the document, and only a few changes were made by
me, to reflect where we stand in our process.)  This in no way prevents the
group from considering whether the "Menu" option is one where the Subgroup
can find common ground.  It merely reflects that we have not already done
so.

I'm a little puzzled also by your statement that I am "intervening in an
open discussion within the group taking very specific positions, instead of
letting the debate go forward and helping it reaching consensus when
needed." The changes I made were to back the document away from the very
specific positions you inserted, in order to keep the debate and discussion
open.  I'm sorry that was not clear to you.

In the end, this text needs to be revised to identify a result and a
recommendation, unless there is a divergence of opinion (and thus no common
ground, although this itself would be a "result").  We can also discuss
whether to identify the options we did not adopt and the reasons for doing
so, or to take your approach and eliminate them from the document (as you
did with the "California" option).  I hope we can move through this
rapidly, while avoiding hasty conclusions, and arrive at a document that
reflects a finding of common ground in the group.

I hope this clarifies matters.

Best regards,

Greg

On Wed, Sep 27, 2017 at 1:49 AM, <Jorge.Cancio at bakom.admin.ch> wrote:

> Dear Greg,
>
> In the pdf this is not clear.
>
> Are these changes made in your capacity as rapporteur? or are they
> personal contributions?
>
> I guess they are the latter. In such case this should be made clear in
> order to avoid any misunderstandings.
>
> I note for the record that I find troublesome that (without making that
> clear) you are once again intervening in an open discussion within the
> group taking very specific positions, instead of letting the debate go
> forward and helping it reaching consensus when needed.
>
> I cannot speak for Raphaêl of course, bit I wonder why you "revert" to his
> initial text, which I had suggested to amend aiming at a "common ground" I
> saw emerging, when Raphaël himself had not done so or had not objected to
> my suggestions.
>
> Hence, I would like to see the document distributed without your changes
> or if you insist to circulate the version you have changed that you clearly
> identify your edits as your personal opinion.
>
> best
>
> Jorge
>
>
> ________________________________
>
> Von: Greg Shatan <gregshatanipc at gmail.com>
> Datum: 27. September 2017 um 07:40:41 MESZ
> An: Cancio Jorge BAKOM <Jorge.Cancio at bakom.admin.ch>
> Cc: ws2-jurisdiction <ws2-jurisdiction at icann.org>
> Betreff: Re: [Ws2-jurisdiction] Updated "Applicable Law and Choice of
> Venue Provisions" Recommendation
>
> Jorge,
>
> Yes.  This is reflected in the Google Doc, and if you mouse over the
> changes in Word.
>
> Greg
>
> On Wed, Sep 27, 2017 at 1:39 AM, <Jorge.Cancio at bakom.admin.ch<mailto:
> Jorge.Cancio at bakom.admin.ch>> wrote:
> Dear Greg,
>
> The changes in "red ink" are from you?
>
> Thanks for clarifying.
>
> regards
>
> Jorge
>
>
> ________________________________
>
> Von: Greg Shatan <gregshatanipc at gmail.com<mailto:gregshatanipc at gmail.com>>
> Datum: 27. September 2017 um 07:33:38 MESZ
> An: ws2-jurisdiction <ws2-jurisdiction at icann.org<mailto:
> ws2-jurisdiction at icann.org>>
> Betreff: [Ws2-jurisdiction] Updated "Applicable Law and Choice of Venue
> Provisions" Recommendation
>
> All,
>
> Attached is an updated version of this recommendation in Word and PDF
> formats, found at https://docs.google.com/docume
> nt/d/1xAyla8FTaL7jZ0D2rYtAzQUr3gEnirTKiAG-kqD0ZSs/edit?usp=sharing
> (please make all changes in SUGGEST mode).
>
> Please review and be prepared to discuss.
>
> Thank you.
>
> Greg
>
>
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/ws2-jurisdiction/attachments/20170927/6b927d3b/attachment.html>